Non returning of summon-b/w-a/w
madhu mittal
(Querist) 31 May 2013
This query is : Resolved
Many a times, in a case u/s 138 N I Act, cognizance is taken, court issued summon and sent Police Station for execution, but at hearing dates, summon is not sent back to court, either as executed or non-executed. So is the cases with Bailable Warrant and Arrest Warrant whenever issued. What action in court should be initiated by complainant, so that he should not suffer further, whenever Summon-B/w-A/w is not got returned, In spite of verbal request to Presiding Officer, that there is no fault of complainant if non-executed or executed summon, B/w and A/w did not reach the court’s file, the court simply gives next date of hearing. So let me know what should complainant to do, in this position as he is real sufferer.
ajay sethi
(Expert) 31 May 2013
collect the summons personally from court in favour of concerned police station . hand deliver the summons to inspector police station go with constable for service .after service of summons see to it that report is sent back on time .
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 May 2013
1) Apex court has now issued stringent conditions for issue of NBW IN summons CRIMINAL CASES.
2) First there has to be service of summons with copies of complaint and all documents.
3) NBW should be issued only thereafter but should have MACHINE NUMBERED NBW notice and should be addressed to SP and should not be open ended.
Though these instructions are still not being followed by all courts but a boon for accused to prolong the case.
If NBW is issued without following these directions there will be a revision to higher court and case will linger on and on for this issue alone.
Raj Kumar Makkad
(Expert) 31 May 2013
I do endorse the advice of Advocate Defense.
